Gavin Grimm, a student at Gloucester County High School, alleges the Gloucester County School District’s policy that prohibits him from using the boys restroom or locker room because they are not consistent with his “biological gender” is unconstitutional under the 14th Amendment’s Equal Protection Clause. His lawsuit also contends the regulation violates Title IX of the U.S. Education Amendments of 1972 that prohibits schools receiving federal funds from discriminating on the basis of sex.
The 4th U.S. Circuit Court of Appeals in Richmond ruled in Grimm’s favor in April.
The Supreme Court in August issued an injunction against the decision that would have allowed Grimm to use the boys restroom during his senior year. The Gloucester County School Board subsequently asked the justices to reverse the 4th Circuit’s ruling.
The next time the Supreme Court could announce whether it will accept the Grimm case is on Oct. 31.
The Justice Department and the Department of Education’s Office of the General Council filed briefs in support of Grimm. The Alliance Defending Freedom, an anti-LGBT legal group, and North Carolina Gov. Pat McCrory, who signed his state’s controversial House Bill 2 earlier this year, are among those who have expressed their opposition to Grimm’s claims.
“It’s been exhausting,” Grimm told the Washington Blade in August as he discussed his case.